Industry Headline News

Quash Eclipse Aviation Subpoena of Eclipse Aviation Critic Bloggers

By Karen Di Piazza

We reported on April 25 that Rich Lucibella, publisher, hired Florida-based attorney Norman Malinski, to defend the privacy rights of 29 people who had posted comments to the Eclipse Aviation Critic NG blog. Eclipse Aviation Corp. subpoenaed Google demanding it release personal information and the identities of all 29 bloggers. Lucibella, who's not one of the 29 people on New Mexico-based Eclipse Aviation's hit list, provided CharterX Industry Headline News with a copy of today's motion to quash Eclipse's subpoena to Google to release any information. 

Malinski points out: "Whatever those postings have been, whether critical or otherwise, the speakers are protected in their anonymous speech by the First Amendment. Unmasking anonymous Internet speakers invokes a higher standard than ordinary discovery that doesn't invoke these constitutional rights."

In our April report, David Johnson, one of the 29 bloggers named, using the handle "Ringtail," made it clear he has never worked for Eclipse or its vendors. Yesterday,  "Gadfly," another blogger listed in Eclipse's subpoena, turns out to be none other than 70-year-old Robert Bruce Cushman, who works with his son, Scot, at Cushman Engineering Co.

"I got involved with the blog [currently hosted by Shane Price of Ireland] because of my love for aviation," Cushman told CharterX Industry Headline News. "Eclipse has lied about its aircraft [Eclipse 500 very light jet]; I only express my own opinion about what I think of the aircraft--to be a voice for those who may want a different perspective than what the company says through press releases. I'd like to see Eclipse shutdown; it's too late to redesign that plane and it's too late to fix the management at Eclipse. Of course, the plane flies, but if you put an engine on the back of a brick, that would fly, too." 

G. Hale, a businessperson from the Midwest, told CharterX Industry Headline News, "I've never made a post to the blog, but I do read it." "I'm sure more people today are reading the blog, due to Eclipse Aviation's action. I purchased a single-engine, TBM 700 turboprop in 2006; however, before doing so, I talked to Eclipse's sales people at an event. They didn't seem to care that I wasn't the type of private pilot who should not be flying the Eclipse jet. I realized that I wasn't qualified to fly a plane like that. "Their attitude was pretty much, ‘Don't worry about it; everything will be fine--we have training, etc.' I'm really glad that I didn't purchase that jet."

Eclipse CEO Vern Raburn has been invited to tell his side of story--to exercise his right of free speech. He declined to comment. Raburn has additionally been extended an invitation to correspond via email, about the blogger case, the Eclipse 500's production schedule, the company's financial stability, aircraft certification issues, etc. Eclipse's counsel has also declined to comment.

Malinski's motion to quash, in part, says [free] speech exemplifies the purpose behind the Bill of Rights [introduced in 1791] and of the First Amendment, particularly to protect unpopular individuals from retaliation and their ideas from suppression at the hand of an intolerant society.

Legal documents aren't known for being a good read, however, the legal response is interesting; it might provoke thought and consideration of how important it is as an American to be able to practice expression of speech. 

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